MAHENDRA KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Narayan, learned Senior Counsel for the petitioner and Mr. Utkarsh Uppal, learned Assistant Counsel to Mr. Shailendra Kumar Singh, learned Advocate for the Bihar State Food and Civil Supplies Corporation Limited (hereinafter referred to as 'the Corporation').

(2.) The petitioner in the present case is seeking quashing of the First Information Report being Shambhuganj P.S. Case No. 76 of 2017 dtd. 3/5/2017 instituted for the alleged offences under Ss. 420, 409, 120B and 34 of the Indian Penal Code.

(3.) On perusal of the First Information Report it appears that there is an allegation against the petitioner that being the incharge of the purchase centre of Shambhuganj, he along with the Agriculture Coordinator Chandan Kumar had purchased 34967.20 quintal of paddy from the farmers and out of that they delivered 27144.40 quintal of paddy to the millers. It is alleged that after giving the said quantity of paddy to the millers, there was a balance of 5822.80 quintals but after auction of the said paddy on 22/12/2015 only 4452.39 quintal of paddy could be made available to the auction purchaser. It is alleged that 1370.41 quintal of paddy was not available in the purchase center. It is alleged that as regards the loss/misappropriation of paddy a notice was issued to the petitioner calling upon him to give the reasons but no clear reply could be provided.